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CR.MA/2391/2010 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 2391 of 2010
=========================================================
LAKSHMAN
@ INIYO HIMATBHAI PARMAR (CHARA) & 1 - Applicant(s)
Versus
STATE
OF GUJARAT - Respondent(s)
=========================================================
Appearance
:
MR
NISHITH P THAKKAR for
Applicant(s) : 1 - 2.
MR HL JANI, APP for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 29/03/2010
ORAL
ORDER
1. This is an
application preferred under Section 439 of the Code of Criminal
Procedure by the applicants who came to be arrested in connection
with CR No. I-306 of 2009 registered at Odhav Police Station for the
offence punishable under Sections 392 and 114 of the IPC. In the
facts and circumstances of the case and by consent of both the sides,
this application is taken up for hearing today.
2. Mr Nishith P Thakkar,
learned advocate for the applicants submitted that the applicants are
innocent persons and false case is foisted on both the applicants.
Considering the role attributed to the applicants as can be seen from
the FIR, they deserve to be enlarged on bail. Learned advocate for
the applicants submitted that the co-accused has already been
enlarged on bail by this Court vide order dated 8.2.2010 passed in
Criminal Misc. Application No.864 of 2010. Thus, considering the
aforesaid aspects, the applicants deserve to be enlarged on bail.
3. Mr HL Jani, learned
APP for the State, while opposing the bail application, submitted
that the applicants are involved in the commission of offence
punishable under Sections 392 and 114 of the IPC. Considering the
role attributed to the applicants and the manner in which the offence
is committed by the applicants along with the other accused, no
discretionary relief be granted to the applicants and the application
deserves to be dismissed.
4. I have heard Mr
Nishith P Thakkar, learned advocate for the applicants and Mr HL
Jani, learned APP for the State at length and in great detail. I have
considered the role attributed to the applicants as reflected in the
FIR as well as the police papers, statement of witnesses, etc.
Considering the aforesaid aspects and the provisions of Sections 392
and 114 of the IPC, quantum of punishment, gravity of the offence as
well as considering the fact that the co-accused has already been
enlarged on bail by this Court vide order dated 8.2.2010 passed in
Criminal Misc. Application No.864 of 2010, I am of the view that the
applicants also deserve to be enlarged on bail.
5. In the facts and
circumstances of the case, the application is allowed and the
applicants are ordered to be enlarged on bail in connection with CR
No. I-306 of 2009 registered at Odhav Police Station on executing a
bond of Rs.10,000/- each [Rupees ten thousand only] with one surety
each of the like amount to the satisfaction of the Trial Court and
subject to the conditions that they shall:
[a] not take undue
advantage of their liberty or abuse their liberty;
[b] not act in a manner
injurious to the interest of the prosecution;
[c] surrender their
passport, if any, to the lower Court within a week;
[d] not leave the State
of Gujarat without the prior permission of the Sessions Court
concerned;
[e] mark their presence
at the concerned police station on any day of every first week of
English calendar month between 9.00 AM and 2.00 PM. till the trial is
over;
[f] furnish the present
address of their residence to the I.O. and also to the Court at the
time of execution of the bond and shall not change their residence
without prior permission of this Court;
[g] maintain law and
order.
6. If breach of any of
the above conditions is committed, the Sessions Judge concerned will
be free to issue warrant or to take appropriate action in the matter.
7. Bail bond to be
executed before the lower Court having jurisdiction to try the case.
8. At the trial, the
Trial Court shall not be influenced by the observations of
preliminary nature, qua the evidence at this stage, made by this
Court while enlarging the applicants on bail.
9. Rule is made absolute
to the aforesaid extent. Direct service is permitted.
[H.B.ANTANI,
J.]
mrpandya
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